Patients are often unsure about what they are entitled to expect from the NHS, and that uncertainty is greatest when something goes wrong.

Amelia Sutcliffe is a solicitor in the clinical negligence team at Smith Partnership, which has an office in Stoke-on-Trent.

Amelia said: "Every NHS patient is entitled to safe and competent care.

"Whilst the law does not demand perfection or the best possible outcome, it does require the care to meet the standard of a reasonably competent practitioner, and that the opinion relied on to justify a decision can withstand logical scrutiny."

When asked what standard of care NHS patients are entitled to, Amelia said: "Patients have the right to receive professional care from appropriately qualified and experienced healthcare professionals.

"This means that your treatment should meet an acceptable standard of care, with your symptoms properly assessed, appropriate investigations carried out and suitable treatment provided."

According to the solicitor, in practice this may involve:

1. A proper assessment of their symptoms and history;
2. Investigations appropriate to those symptoms;
3. An accurate and timely diagnosis, or where a diagnosis is uncertain, an appropriate plan for investigation or treatment;
4. Treatment to be carried out competently, with complications recognised and managed;
5. A second opinion;
6. Appropriate monitoring, and escalation if required;
7. Safe prescribing and medication administration;
8. Appropriate follow-up, including communication of test results and onward referrals.

Amelia also added that patients have the right to information to help them make an informed decision about their care.

She said: "No treatment should be given without valid consent; therefore, clinicians must take reasonable care to ensure that patients are aware of the material risks of the proposed treatment and the reasonable alternatives.

"It is a patient's right to be involved in the decisions made about their care."

Amelia also explained that Martha's Rule is a patient safety initiative which is now being rolled out across NHS hospitals.

She added: "Under this, patients, families and carers have the legal right to request an urgent 24/7 second clinical review from an independent senior medical team if a patient's condition rapidly deteriorates and concerns are not being heard. "

"Patients have the right to make a complaint and have it properly investigated, as well as to be told the outcome of the complaint," Amelia added.

"If they remain unsatisfied they have the right to escalate this to the Parliamentary and Health Service Ombudsman or take legal action. A complaint can secure an explanation, an apology and changes in practice.

"It's important to note that a bad outcome is not automatically a breach of duty of care. Treatments carry known risks; conditions progress despite good care and decisions that look wrong in hindsight may have been justifiable at the time.

"Patients have a right to reasonable care; however, this does not guarantee a good result."

"In the event that there has been poor care, patients have a right to honesty.

"Clinicians must act openly and honestly when a notifiable incident has caused or may cause significant harm, therefore a Duty of Candour letter must be sent outlining a truthful account of what is known, providing an apology where applicable and explaining what further enquiries will take place and offering support.

"Whilst apologies are not admissions of negligence, patients are entitled to honesty and transparency when things go wrong. "

"Finally, patients have a right to be compensated where they have been harmed by negligent treatment. If you believe that you or a loved one has experienced negligence, we can help you with your next steps. "

To get in touch with one Smith's medical negligence solicitors in Stoke, call 0178 232 4454, complete the contact form, or send an email via [email protected].

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